Seeking help on gratuity queries
ajay
(Querist) 09 March 2015
This query is : Resolved
Hi,
I am working for Software industry(works 5 days a week) from last 4 years and 192 days.
i consulted about grauity to HR and he is claming that Clause 2A.1 of continuous service is applicable for me instead of 2A.2.a.i.
I can share the email communication with you.Can you please help me on two things.
1.)my eligiblity for gratuity.
2.)if eligible,neccesary supporting document/argument.
it'll be a great help.
Thanks in advance.
Regards,
Ajay
ROHIT SHARMA
(Expert) 09 March 2015
Dear Mr. Ajay,
1. You are not employed in a seasonal establishment hence s. 2A(2)(b) of the Payment of Gratuity Act, 1972 is not attracted in your case i.e. if you think 192 days beyond 4 years will make you eligible for deemed to be in continuous service for not less than five years.
2. However, even if you work for five days a week the the other two days are deemed to be part of your continuous service and if they add up to become more than five years then of course your are eligible for payment of Gratuity and s. 2A of the Act, 1972 will be attracted.
Kumar Doab
(Expert) 09 March 2015
Submit FormI under proper acknowledgment (that you can 30 days before effective date of retirement by resignation) and let company reply to you in writing, whatever it wants......you may demand reply in writing on letterhead under proepr seal and signature by hand of the competent employee.............let it be designated HR personnel..................thru Redg. Post only....
You can refer to Sec;2A and sec;9 that provides for penalty , punishment with imprisonment to 'Whoever' ................avoids to pay Gratuity.......
There are unlimited threads with similar queries at LCI....
ajay
(Querist) 10 March 2015
Thanks Kumar and Rohit,
Kumar Can you please tell me whether i can fill Form "I" now as only 10 days left for my last day?
malipeddi jaggarao
(Expert) 10 March 2015
Agreed with experts. What is the reason for posting this query twice?
ajay
(Querist) 11 March 2015
Thanks all experts.I have attached the mail converstion between me and HR people in next query(termed Repeated) for your kind reference.
Kumar Doab
(Expert) 11 March 2015
Repeated Query;
http://www.lawyersclubindia.com/experts/Seeking-help-on-gratuity-527281.asp#.VQBHENKqqko
No attachment is found.
Attachment option is not provided in Experts section.
Don't bother on emails.
Rather show these to an able Labor Law Consultant/service matters lawyer/law firm in person and let them draft your representations if required.
Submit FormI...........of course under proper acknowledgment.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
Repeated query, experts have replied more than enough in the previous thread itself, you may visit the previous thread itself for more replies.
Kumar Doab
(Expert) 23 June 2015
Enough has been discussed in both threads.
ajay
(Querist) 06 November 2015
Finally after 8 months of mail chain, my organization has accepted my point and will be releasing my gratuity amount.
Thanks a lot all experts and specially Kumar Doab. Your insight and guidance on this was clear and bang on.
I have a small query on the interest to be calculated.Since there is 8 months delay over 1L amount.How it should be calculated?
After one month or from the date of my relieving?
Thanks a ton again..
Kumar Doab
(Expert) 06 November 2015
You are welcome.
The gratuity should have been paid within 30 days from LWD by you/expiry of notice period!
The interest @10%pa is on delayed period.
As already posted in the other thread: Company can not keep a penny from amount released by say LIC/Trust/FI etc even if amount payable as per formulae of gratuity is lower than the amount released by LIC/Trust/FI etc.
So you may demand the certified copy of payment certificate/Copy of cheque released by LIC/Trust/FI etc..........and also notice of determination of Gratuity by company and claim the difference.
Employee can approach the DCDRF/Consumer Fora also for claims of Gratuity.............
